Latest Updates

Our Cuba Sanctions Predictions: How Did We Do?

In our last post, we made a few cocky predictions about the new Trump Administration’s Cuba policy. We correctly asserted that the President would try to chart a narrow course between the Scylla of conservative Cuban-American… more

Amendments to Texas UTSA Bring it Closer in Line with DTSA, but Differences Remain

Just four years after the Lone Star State ended its holdout by becoming the 48th State to adopt the Uniform Trade Secrets Act, Texas passed a bill to amend its enactment. The bill was signed by Texas Governor Greg Abbott on May 19… more

Mandatory Bundled Payments Delayed, CMS seeking comments

CMS Administrator, Seema Verma, and Secretary of Health and Human Services Secretary, Tom Price delayed implementation of the Comprehensive Care for Joint Replacement (“CJR”) program via an interim final rule. See CMS – 5519 – IFC..… more

FTC Releases Agenda And Panelists For Upcoming Military Consumer Financial Workshop

On July 19, the Federal Trade Commission will hold a workshop in San Antonio titled the “2017 Military Consumer Financial Workshop: Protecting Those Who Protect Our Nation.” The FTC has uploaded an agenda and list of panelists for the… more

[Video]Day 17 Of One Month To Better Investigations and Reporting-Whom To Suspend During an Internal Investigation and De-Confliction

Who to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to… more

CFPB Rolls Out Student Loan Servicing Campaign Focusing on Public Service Loan Forgiveness Program

Despite the uncertain future of the Public Service Loan Forgiveness program, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray partnered with North Carolina’s Attorney General Josh Stein to roll out a new campaign… more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the Service… more

TC Heartland – One Month Later Delaware, Texas, California and Illinois Courts Most Popular Venues

We previously reported on the early impact of the Supreme Court’s decision in TC Heartland based on the first few weeks of new filings. It has now been one month, and based on the filing data for the month since TC Heartland as well… more

Has the FCPA changed the US business culture?

In the early 70’s the Lockheed corruption scandals came into light. Millions of dollars had been paid by the US aircraft corporation to public officials to guarantee contracts for military aircraft in Germany, Italy, Japan… more

Your Daily Dose of Financial News

The US’s biggest banks had a good day yesterday on news that they “breezed through” the first phase of the Federal Reserve’s annual stress tests—a good sign that they “have enough capital to withstand the type of financial shock that… more

Court of Milan rules on interim measure ordering the halt of the pricing and reimbursement procedure of a generic product

By order issued on June 18, 2017, in summary proceedings brought by Teva against Mylan and Synthon for the alleged infringement of EP 2 361 924 (covering a manufacturing process for the active ingredient glatiramer acetate), the Court… more

CFPB issues report highlighting student loan complaints from borrowers working in public service; updates examination procedures

In conjunction with its public event yesterday on student loan servicing, the CFPB issued a new report, “Staying on track while giving back.” The report, which provides a mid-year update on student loan complaints, highlights… more

Paid Leave Wars: The Battles Intensify

Mandatory paid leave is making some employers sick. With no national standard, states and cities are rolling out paid leave mandates at a dizzying pace. This presents daunting compliance challenges for employers with employees in… more

New York's New Paid Family Leave Law: FAQs

New York’s Paid Family Leave Benefits Law (the “NYPFL Law”), the most comprehensive paid family leave program in the nation, goes into effect January 1, 2018. Starting on that date, employees will be eligible for up to eight (8) weeks… more

Hull Speed, Codgers, and Pre-Existing Conditions: What Does the Senate Bill Do?

Many other things being equal, the longer the sail boat, the faster it can go before its bow wave defeats further speed increase. However, as any boat approaches its “hull speed,” an increasing amount of energy is required to add each… more

FDA: Still in Action on Food Safety Violations

Vigorous food safety enforcement for basic violations continues under the leadership of new FDA Commissioner, Dr. Scott Gottlieb. On June 20, on the heels of an adverse FDA inspection, FDA announced that the U.S. Marshals Service had… more

Qatar – Sanctions and Restrictions: Key Developments

Readers may be aware that a number of countries, including Saudi Arabia, Egypt and Bahrain, have recently severed diplomatic and economic ties with Qatar. Saudi Arabia has now, via Kuwait which is acting as a mediator, presented a… more

News from Second & State

Weekly Wrap - Today marks just one week until the June 30 budget deadline. Seven days. A mere 168 hours to finish hashing out an over $30 billion state spending plan to carry us through the next fiscal year. While we still don’t… more

How (And Why) to Personalize Your Lawyer-Client Connections

Getting to know the personal interests, concerns, and desires of the people for whom you do legal work is essential… more

Budding Opportunities – Insuring Medical Marijuana Licensees In An Uncertain World

?The medical marijuana industry took a big step forward on June 20, 2017 when Pennsylvania’s Department of Health awarded 12 grower/processor permits. Of the 457 total applicants, the Department plans to award the remaining permits by… more

Interior Department Announces Regulatory Reform Comment Opportunity

In a June 22, 2017 Federal Register notice, the Department of Interior (DOI) became the most recent federal department or agency to initiate a comment cycle to solicit public input on regulations that should be repealed, replaced, or… more

Where Do the Supreme Court’s Civil Cases Originate (Part 2)?

Yesterday, we began our year-by-year review of where the Court’s civil cases have originated since 1994. By doing so, we can see trends in the administrative and executive agencies where the Court’s cases come from. Last time, we… more

Update: President Trump's Revised Executive Order on Travel Ban Remains Blocked

On June 12, 2017, the Ninth Circuit issued its ruling in Hawaii v. Trump, upholding the majority of the district court's preliminary injunction prohibiting the government from implementing the "travel ban" and refugee cap provisions… more

Overriding Interest

Welcome to the latest edition of Overriding Interest. Inside this issue: - The UK Government Proposes Innovative Transparency Requirements for Overseas Owners and Buyers of UK Property - Mees Update - Announcements, New Joiners… more

Blink and You'll Miss It - NSW Defect Bond Scheme Postponed and Email Service Gets the Green Light under the NSW SOP Act

The NSW Parliament has today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (the Bill). The Bill has broad reaching implications for many participants in the building and construction… more

Power Outage Shows Unique Risks for Airport Cybersecurity

On May 27, 2017, thousands of British Airways passengers across the globe were stranded when a simple power failure took down critical systems, including those used to check in passengers. As images of crowded terminals and angry… more

HHS Subjects Human Research to an Updated Common Rule

The Department of Health and Human Services has taken a step toward harmonizing the complex regulatory requirements for federal human subjects research. Our Health Care Group breaks down the changes to the Common Rule due to take… more

It’s SUMMER! Top 4 Ways Employers Can Get Burned

We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. Sexist air conditioning. It seems like a long time since we’ve read anything about… more

Small Business Payment For Performance Act Unanimously Leaves Committee – Will SBC Construction Contractors Be Able To Reduce Their Financial Exposure?

Currently pending in the House of Representatives is H.R. 2594, the “Small Business Payment for Performance Act of 2017” (the “Bill”). This Bill unanimously passed the House Committee on Small Business earlier today. While not yet a… more

Health Care Reform Behind Closed Doors

Behind closed doors, Senate aides work furiously on a piece of legislation that will potentially define the trajectory of health care for the next generation of Americans. Despite its potential impact on millions of Americans and the… more

Supreme Court Declares First Amendment Interest in Access to Social Networks

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of his primary… more

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the property… more

Your New ®Ight To Disparage – A Look Inside “The Slants” Lanham Act Decision

The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled that the… more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would lead to price… more

Appellate Court Notes

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident case for… more

Uber’s CEO Is Forced Out

Have you ever felt powerless in your job? Felt that there was no way you could have impact on the corporate environment? Well, recent events have shown how the catalyst theory is alive and well in corporate America… more

[Video]Autonomous Cars -- The Future is Here

How far away are we from making the transition to self-driving cars? Car accident attorney Brian R. Denney at Searcy Denney explains that the future is here, and it is here now! At cities throughout the country, there are fleets of… more

FBAR Penalties Now Adjusted for Inflation: Abatement/Mitigation Still Possible

If you haven’t filed your Report of Foreign Bank and Financial Accounts (FBARs) on a timely basis, you could be at risk of a higher civil penalty assessment. Inflation-adjusted FBAR penalties are now in effect… more

ISO Standard Describes Aerosol Generation for Air Exposure Studies of Nano-Objects and Their Aggregates and Agglomerates

The International Organization for Standardization (ISO) recently published standard ISO/TR 19601:2017, “Nanotechnologies — Aerosol generation for air exposure studies of nano-objects and their aggregates and agglomerates (NOAA).” ISO… more

Get Ready for “On The Motion to Amend the Amendment of the Amendment of the Amendment …”

The “Discussion Draft” released June 22, 2017 by the Senate Budget Committee carries the House Bill number (H.R. 1628) of the American Health Care Act, and kills taxes like the House bill, but there are major differences, too. At 142… more

Are You Ready for AB 72?

To protect patients from receiving an unexpected surprise bill when they seek care at in-network facilities from out-of-network providers, Governor Brown signed AB 72: California’s surprise out-of-network law. The new law limits the… more

The State AG Report Weekly Update

Charities- New York Attorney General Reaches Settlement with Breast Cancer Charity over Fraud Allegations- New York AG Eric Schneiderman reached a settlement with the Breast Cancer Survivors Foundation, Inc. (“BCSF”) and its… more

ABCs of Distribution to Grocery

At Farm to Label, I presented a panel called “ABCs of Distribution to Grocery” with Brittany Sienia, Trade Analyst at Tillamook, Chris Tjersland, Partner Brands Development Manager at New Seasons and Ray VanWetten, Vice President-PNW… more

Customers Sue Darden Restaurants Over Information on Receipts

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that Darden, which… more

What Is All The Hype About More Ethane Crackers Coming To The Marcellus Shale Play?

It is widely rumored that the Marcellus Shale Play can support a total of 3 ethane crackers. The math goes like this: By 2026-2030, an additional 267,000 barrels per day (b/d) of ethane could be available for use as a… more

Exhaustion and the “Right to Repair”: Ownership Rights after Impression Products, Inc. v. Lexmark Intern., Inc.

Hailed by some as the “right to repair”, on May 30, 2017, the Supreme Court ruled that a seller’s patent rights are not valid beyond the first sale of the patented product. Impression Products, Inc. v. Lexmark Intern., Inc. 137 S. Ct… more

US Companies Create Principles for Cybersecurity Risk Ratings

On June 20, 2017, the U.S. Chamber of Commerce announced that a consortium of more than two dozen chamber member companies, including prominent big banks, big-box retailers, and technology giants released a set of principles designed… more

Supreme Court Cuts Back Patent Owners’ Post-Sale Rights

Patent owners can no longer restrict the use of their patented products after the products are sold. Under the doctrine of patent exhaustion, a patent owner’s rights are “exhausted” once the patent owner sells the product. In… more

Advertiser Fined By FCC For Use Of Emergency Tones in Football Ads

The FCC entered into a settlement late last month with TEGNA, Inc. (“TEGNA”) for $55,000. The case erupted after TEGNA used Emergency Alert System (“EAS”) tones in its television ad promoting the Jacksonville Jaguars NFL team. The… more

CPSC Requests Feedback to Reduce Compliance Burdens

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them. The Commission has asked for comments and suggestions for… more

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